DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments filed 4/13/2026 with respect to claims 1-5 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Additionally, applicant has argued that Cole fails to teach “a tubular neck configured to guide a universal joint” because “the universal joint (34) is located above the neck of the housing, and in particular both joints of the housing are arranged above and outside the neck of the housing” (See Remarks – 4/13/2026: discussion re: Patentability of Claim 1). The office finds this unpersuasive; a universal joint which is connected to a neck of a steering assembly will be guided by the neck regardless of its location within the steering column.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “two joints of the universal joint” must be shown or the features canceled from the claims. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 4 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The terms “standard length toothed rack” and “standard length tubular housing” in claim 4 are relative terms which renders the claim indefinite. The terms are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear what a standard length for a toothed rack or a toothed rack housing would be.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Kawashima (US 20050088126) in view of Cole (US 20020175019) and Kawada (EP 2243685).
Regarding claim 1, Kawashima teaches a modular electric power steering system (Abstract, Fig. 1), comprising:
a tubular neck 25 configured to guide a universal joint 15 such that two joints of the universal joint 15 are disposed at a desired angle to one another, wherein the tubular neck is configured to define a certain bend angle ([0015]-[0016], Figs. 1-2; the neck guides the universal joint such that it is disposed at an angle to the other joint in the steering column shown in Fig. 1);
a drive assembly including an electric motor M which is configured to be controlled by a control unit U ([0024], Fig. 1);
a gearbox assembly including a torque sensor St and a gearbox 18 ([0024], Figs. 1-2);
a toothed rack 29 including a tube shortened to a desired length ([0025], Fig. 2), the toothed rack 29 being operably connected to the gearbox 18 so as to receive power from the gearbox ([0025], Fig. 2);
a gearbox housing that houses the gearbox assembly ([0025]-[0027], Fig. 2; the gearbox 18 has a casing which houses the rack, pinion, and reduction gear).
Kawashima teaches what appears to be two tubular housings on either side of the gearbox assembly in which the rack 29 is housed (Figs. 1-2), but does not expressly teach the rack being housed in multiple rack housing halves.
However, Cole teaches a steering system comprising two tubular toothed rack housing halves 42, 44 that are shortened to respective housing half lengths, wherein a gearbox housing is disposed between the two tubular toothed rack housing halves 42, 44 ([0015]-[0016], Fig. 2; the tubular rack housing halves surround a gearbox which houses the racks 14, 12 and pinion).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the tubular toothed rack housings of Cole for the rack housing of Kawashima and the results of the substitution would have been predictable and advantageously protected the rack from outside debris.
Kawashima as modified does not teach the steering system being mounted by two feet which include bushings.
However, Kawada teaches an electric power steering system which uses bearings to mount a rack housing 13 top a vehicle body 12 by a plurality of bearings ([0008] of Kawada).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified steering system of Kawashima/Cole to mount the rack shaft by a plurality of mounting feet which comprise bearings as Kawada teaches in order to advantageously mount the assembly to the vehicle body such that the rack shaft is able to linearly reciprocate ([0008] of Kawada).
While Kawada does not teach “two feet, one of which is disposed at each respective outer end of the two tubular toothed rack housing halves”, the question is what would result from the combined teachings of the references. See in re Keller, 642 F.2d 413, 425 (CCPA 1981). Here, that result would be the two feet (of Kawada), one of which is disposed at each respective outer end of the two tubular toothed rack housing halves (of Kawashima/Cole), wherein the two feet are configured to fasten the power steering system to the vehicle, and wherein each of the two feet includes a bushing (of Kawada), each of the bushings guiding an end region of the toothed rack (of Kawashima/Cole).
Applicant's claims of a “a tube shortened to a desired length” and “two tubular toothed rack housing halves that are shortened to respective housing half lengths” are product-by-process claims. Determination of patentability is based on the product itself, and not dependent upon the method of production. See MPEP 2113. The product of Applicant’s product-by-process claim is the same as or an obvious variant of the process in Krishnaraj.
Claims 2 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Kawashima in view of Cole and Kawada, and further in view of KR 20120130650 (henceforth KR).
Regarding claim 2, Kawashima as modified teaches wherein:
the toothed rack 29 includes a tube to which a toothing element 30 is fastened ([0025], Fig. 2); and
the gearbox housing includes an upper gearbox housing ([0024], Fig. 2; the gearbox includes an upper housing portion which houses the reduction gear assembly 16) in which a gear mechanism (the reduction gear) is accommodated and a lower gearbox housing in which a pinion 28 of the gear mechanism is in engagement with the toothed rack 29 ([0025], Fig. 2; the outer housing of the gearbox assembly includes a lower portion which houses the rack and pinion).
Kawashima as modified does not teach the gear mechanism being helical.
However, KR teaches a power steering device wherein the gearbox of the gearbox assembly is a helical gear mechanism (Paragraph 18, Fig. 2 of KR).
Kawashima as modified teaches a device which differs from the claimed invention by the substitution of a helical gear within the gearbox for teeth of an unspecified type. Helical gears are well known in the art and are taught by KR.
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted helical gear teeth of KR for the teeth of the modified power steering system of Kawashima/et.al. and the results of the substitution would have been predictable and provided the known advantages of quieter operation, increased longevity, and higher load capacity.
Regarding claim 5, Kawashima as modified teaches wherein the drive assembly is fixed to the upper gearbox housing ([0024], Fig. 1).
Allowable Subject Matter
Claim 4 would be allowable if rewritten or amended to overcome the rejection under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20170361865 teaches a rack and pinion housing for a vehicle wherein the housing can be comprised of multiple tubes.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANIEL WILLIAM WATKINS whose telephone number is (703)756-4744. The examiner can normally be reached Monday-Thursday, 8:30 am -6:00 pm EST; Friday 8:30 am - 2:00 pm EST.
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/N.W.W./Examiner, Art Unit 3617
/TIMOTHY WILHELM/Primary Examiner, Art Unit 3617
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